BANKRUPT. 



single act of buying and selling, or draw- 

 ing, or redrawing bills of exchange, 

 merely for the purpose of raising money 

 for private occasions, and not with a view 

 to gain a profit upon the exchange. Be- 

 ing a part-owner in a ship, barge, or wag- 

 gon, does not constitute a trader ; nor 

 holding a share or interest in a joint stock 

 with others who trade, unless lie share in 

 the profit and loss upon the disposition of 

 the capital. The merchandise must also 

 be genera], and not in a qualified manner 

 only, as victuallers or innkeepers; school- 

 masters ; commissioners of the navy, who 

 victual the fleet by private contract ; the 

 king's butler, steward, or other officers ; 

 officers of excise or custom ; sutlers of 

 the armies; butlers; stewards of inns of 

 court; clergymen ; &c. as acting in such 

 capacities merely, are not liable to be 

 made bankrupts ; the buying and selling 

 in such cases not being general, but in 

 the exercise of particular employments. 

 Neither, upon the same principle, are 

 receivers of the king's taxes, or persons 

 discounting exchequer bills. If the par- 

 ties above enumerated, however, bring 

 themselves within the bankrupt laws in 

 any other respect, they will be liable to 

 their operation, although they should 

 evidently not profit by trading, or such 

 trading should be illegal ; although the 

 trading should not be wholly carried on 

 in England, buying only in England, and 

 selling beyond sea. Any person, native, 

 denizen, or alien, residing in any part of 

 the British dominions, or in foreign coun- 

 tries, though never a resident trader in 

 England, yet, if he be a trader, and on 

 coming to England commit an act of 

 bankruptcy, he will be subject to the 

 bankrupt laws. 



No one can be a bankrupt, on account 

 of any debt which he is not compellable 

 by law to discharge, as infants or married 

 women. And if a single woman be a 

 trader, and committing any act of bank- 

 ruptcy, afterwards marry, a commission 

 issued against her after such marriage 

 cannot be supported. But, according to 

 the custom of London, where a married 

 woman is sole trader, she is held liable to 

 a commission of bankruptcy, like a feme 

 sole. 



Acts of bankruptcy. Departing the 

 realm. This must be clone with intent 

 to defraud or delay creditors ; when it ap- 

 pears that there was no such 5ntention,it 

 will not be a departure within the mean- 

 ing of the statutes. 



Departing from the dwelling-house. 

 Such departure must also be with intent 



to defraud and delay creditors ; for the 

 Departure with an intent to delay has 

 ^een held insufficient, without an actual 

 delay of some creditors. 



Beginning to keep the house, the being 

 denied to a creditor, who calls for money ; 

 but an order to be denied is not enough, 

 without an actual denial, and that also to 

 a creditor who has a debt demandable at 

 the time. 



Voluntary arrest, not only for a ficti- 

 tious debt, but even for a just one, if done 

 with the intent to delay creditors, is an 

 act of bankruptcy. 



Suffering outlawry, with an intent to 

 defraud the creditors ; but this will not 

 make a man a bankrupt, if reversed be- 

 fore issuing a commission, or for default 

 of proclamations after it, unless such out- 

 lawry were originally fraudulent. 



Escaping from prison. Being arrest- 

 ed for a just debt of 100/. or upwards, 

 and escaping against the consent of the 

 sheriff. 



Fraudulent procurement of goods to be 

 attached or sequestered. 



A fraudulent execution, though void 

 against creditors, is not within the mean- 

 ing of the words attachment, or seques- 

 tration, used in the statute ; because they 

 relate only to proceedings used in Lon- 

 don, Bristol, and other places. 



Making any fraudulent conveyance. 

 Any conveyance of property, whether 

 total or partial, made with a view to de- 

 feat the claims of creditors, is a fraud, 

 and, if it be by deed, is held to be an act 

 of bankruptcy. 



A conveyance by a trader of all his ef- 

 fects and stock in trade by deed, to the 

 exclusion of any one or more of his cre- 

 ditors, has been ever held to be an act of 

 bankruptcy. 



A mortgage (amongst other things) of 

 all the stock in trade of a tradesman, was 

 held to be an act of bankruptcy, as being 

 an assignment of all the stock in trade, 

 without which he could carry on no busi- 

 ness. 



A conveyance by a trader, of part of 

 his effects to a particular creditor, car- 

 ries no evidence whatever of fraud, un- 

 less made in contemplation of bank- 

 ruptcy. 



Being arrested for debt, lying in prison 

 two months, or more, upon that or any 

 other arrest, or detention in prison for 

 debt, will make the party a bankrupt 

 from the time of the first arrest ; but 

 where the bail is fairly put in, and the 

 party at a future day surrenders in dis- 

 charge of his bail, the two months are 



